DANISH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Manish Tiwary and Sri Ashish Chaudhary, learned Counsel for the applicant and the learned AGA.

(2.) THE applicant has applied for bail in Case Crime No. 407 of 2005 under Sections 18/20 of NDPS Act P.C. Bilari District Moradabad.

(3.) IT is opposed by the learned AGA by submitting that in the recovery memo itself, it is clearly mentioned that from the possession of the applicant 350 Gm. Heroin was recovered and from the possession of the co -accused only 100 gm. Heroin was recovered. In the present case, the contraband article as recovered in a sudden checking. The arresting Officer was not having its prior information, therefore, Section 50 of the NDPS Act will not be applicable and the recovered Heroin is above the commercial quantity and there is no circumstance to plant the same and the case of the applicant is distinguishable with the case of the co -accused Naim.